Birju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72331 of 2025 Arising Out of PS. Case No.-271 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Birju Kumar S/o Uma Shankar Das R/o Village- Chak Bijgani Chaksakra, Dighi Kala (W), P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No.271 of 2024 dated 01.05.2024 in a case registered for the offences punishable under Sections 394, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution story, the informant was running a Customer Service Centre (hereinafter referred to as 'CSC') of IDFC First Bank and her husband was a security guard. On the date of the occurrence, she was working at her CSC. Her husband has also returned from his duty and at about 03.55 PM, three miscreants on a red color bike being armed
Patna High Court CR. MISC. No.72331 of 2025(3) dt.14-11-2025 2/3 with weapon entered in the CSC. They pointed gun on the informant and started looting the cash from the CSC and when the informant and her son objected, accused persons started firing at them. The informant also received gunshot injury in his right leg. The husband of the informant received four gunshot injuries in his chest after that he rushed to the doctor where he was declared dead.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and he has falsely been implicated in this case. Petitioner is not named in the F.I.R. and the name of the petitioner has surfaced on the basis of confessional statement of co-accused, namely, Vivek Kumar @ Bhako. It is also submitted that no recovery has been made and no TIP has been conducted till date. Similarly situated co-accused, namely, Adarsh Raj @ Golu has been granted bail by Co-ordinate Bench of this Hon'ble Court vide order dated 20.03.2025 passed in Cr. Misc. No.85631 of 2024. Petitioner is in custody since 29.07.2024.
5. Learned A.P.P. for the State vehemently opposes the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail
Patna High Court CR. MISC. No.72331 of 2025(3) dt.14-11-2025 3/3 application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No.271 of 2024.
(Prabhat Kumar Singh, J) mdrashid/- U T